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Advocates
Judicature
into difficulty
in
Attaching debt
or other property
in various
or
Saving rights of Co-creditors
Arrest or Summons
to operate attach
property of the
Deft who thenceforward
shall
be Trustee for
the Pltf & other
Creditors – saving
reasonable
maintenance.
Preface
or
Conclusion
Caution that
if so efficacious
a regimen
embraced, all
tyrannical
laws
be repealed,
& a Committee
appointed for
that purpose.
Consult Code
penal.
This is the only
for in that to be infamous.
In all other
professions, it
is not that men
are infamous
because they
deserve it, but
they deserve it
because they are
infamous.
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Appeal in
penali
The appeal from
Sub-province to
Province but upon
application of Pursuer
or Defender Gen.
in cases of
1. Theft
2. Robbery
3. Homicide in prosecution
of theft
or robbery
4. Obtaining property
on false
pretences.
Appellant & Respondent
to take
their chance at
first in the Court
above without
Counsel: saving
to the bar the
right of being re-heard
with Counsel.
Record
Judge to study
to compleat all
documents sufficient
to enable
inform the Court
above.
Advocates
No inconvenience
from Lawyers
being regarded as
infamous.
1. They could do
the more harm for
being infamous,
not the less.
2. It will tend to lessen
the advantages they
possess as candidates
for the Bench.
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Appeals
In England there
is little room for
Appeals less room
for Appeals than
in any other
country.
All causes of any
consequence are
unnaturally drawn, at once
from the most distant
provinces to
the Capital. And
the expence as well as delay of
an instance stage is
so enormous that
an any additional
one would in
general be rather
be dreaded as a
burthen than
regarded looked upon as a relief.
Costs Appeal
Deft not to pay
penal costs of his
goods, any taken
in execution & sold
by auction & arise
against
Advocates
Whereas
but give where
proven she becomes
respected – Du
Barre.
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Judges Single
Publicity
Universal competence
When there are many
jurisdictions disparate
the
attention is divided
among them, & the
most least considerable
escape almost entirely
the public eye.
Universal, misdecision
in a singe hand
concentrates attention.
Instance Ecclesiastical
Courts, War Inquests
of Bankrupts
Courts of Conscience
Justices &c.
Instead of paying
double for two
Judges instead of one better
pay double for
one instead of two.
Judges partiality
Competence
Judges to declare &
note in the Record
whether he has any
relationship or intimate
connection
with either of the
parties: and if
either wishes to
change, shall recommend
a neighbouring
Judge.
Advocates
Judges – The proof is
that if they had had
any the law would
not have been
what it is.
A Judge, as a
Judge may be a good not
without the least particle
of public spirit.
---page break---
Pursuer & Defend. Gl.
Pursuer
& Defender general
to change
every month
only keeping
their parts in
the causes they
have begun.
Appeal
Appellant to Pur. Genl. whether
Plff or Deft to deposit
a sum
which he is to forfeit
if given against him.
Deft to pay, besides
double interest of
the value for
particularly
ground against
Publicity
The parties themselves
will ensure
it, if suspicious
by bringing their
friends.
Judge's Oath
That I will
assist the man him
who pleads his own
cause & him who
pleads gratuitously
for his friend, &
not discountenance
them to favour the
Advocate
A man discovers
in an object just
so much and no
more as the interest
he has given
himself in it prompts
him to discover.
The lawyers regard
the him as a man
Advocates
of wealth and power &
honour at first for himself
and afterwards
for his friends.
of men less
power every
of public spirit than
Judges.
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Delay
Because Delay
more in particular
cases, be necessary
to be asked for Delay has been
given in all cases
upon asking for, &
even without asking
If injustice ever
slept there might
be reason why
justice should be
suffered to sleep too.
The pretence of the
long vacation is the
– as if harvest
where was the
time of all others when
would but
to be kept one
, to have
their stock unjustly
& the money that
should keep it up
withheld from him.
Advocates
The Lawyer Advocate pleads
for the rejection of
evidence at secondhand
while he himself
receives no other.
The stronger the seduction
the more respect
is due to those
who have the merit of
withholding it.
---page break---
Advocate Oath
I will not urge for
law what I believe
not to be done, nor
I will not urge
as true any facts
which I believe
not to be true, nor
representation my
persuasion of the
truth or non-truth
of any fact as
stronger than it
really is.
I will not put
upon the conduct
of any man a any
other than
what I believe
to be true.
I will no otherwise
favour the party
whose interests I
espouse than by
applying my
faculties in preference
to the
finding of arguments
in his favour
means of serving
his cause in preference
to the finding of means
of prej disserving
it.
Advocates
the greater or more
a mans powers
are the more likely
they are to be misapplied:
for the
more conscious an
article is of being
in the wrong the
more sollicitous he
is to make up for
the weakness of the
abuse by the strength of his advocate.
---page break---
Advocate
Half his life is
spent in a conspiracy his endeavour
to prosecute against :
injustice the other remaining
half is all that
is employed in the
service of justice
and that not for
the love of justice
but because he is
paid for it.
The Advocate
shelters himself
from the contempt
under the robe of
magistracy, and
makes the people believe
tha the Judge
and he are brethren
of in the same trade.
Nothing can be more
opposite than the
two functions.
The Executioner
any more than the Judge
is never employed
otherwise than in
the service of justice.
When If real desert is
because the measure
of respect, the respect paid to imagined the
operation of the Executioner will be
will stand in the as much above that
seal of estimation
paid to the Advocate
as much above that
of the Adfocate as
that of the true Soldier
above that of the denoter
or the Spy.
---page break---
Advocate
The woman whose
whole life is
to make men happy
is overwhelmed with
infamy, while the
man half whose life
is employed in
perverting justice
and spreading wretchedness
in the world
is loaded with wealth
and honour.
The more unrighteous The worse the cause
the greater the honour.
Today how you will
see him out do out shine
himself was the
observation made of
an illustrious advocate
by a warm
& admiring friend.
Why? because in
the judgment of
that very friend
the cause was as
bad as could be
to imagined.
The respect shown
to the profession of an
advocate is the triumph
of might
over right: the
respect admiration shown to
them the able advocate is grounded on
the at the bar same principles
of honour whereas
that shown to Tyrants
& other Conquerers
upon the thrones.
---page break---
Advocate
Both prejudices
are relicks of
barbarism. No
thrones have piracy
as a respectable
profession.
Where Conquerers
the wagers of unjust
wars are universally
abhorred, advocates
will be as
universally despised.
Advocate Attorney
The Advocate and
the Attorney conspire
with the
suitors own passions
in him
and plunging him
into injustice
and waste of fortune.
The Attorney takes
his story from himself
takes care not
to interrogate him
so closely as to draw
from him any discouraging unfavourable
truths.
This dreadful picture
of the cause
is what he furnishes
the Advocate
with who
perhaps is
not committed till
the cause is begun
and who knows
better things than to in as
disoblige a Client spoil his own
by discovering flaws
for which deceit the
blame of which
be it ever so great falls
not upon him.
Whether his instructions are true or false compleat or incompleat is no concern of his.
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Identifier: | JB/051/076/001 "JB/" can not be assigned to a declared number type with value 51.
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evidence; procedure code |
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076 |
advocates judicature |
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001 |
appeals / advocates |
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rudiments sheet (brouillon) |
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recto |
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jeremy bentham |
[[watermarks::gr [crown motif] [britannia with shield motif]]] |
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